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Ian Mulgrew: Lifelong criminal, addict needs more than just another stay in prison

Douglas McPherson has spent 22 of the past 25 years in prison, effectively institutionalizing him and making him incapable of transitioning into normal life, writes columnist Ian Mulgrew.

Photograph by: Bryan Schlosser
, Regina Leader-Post

A 57-year-old habitual criminal and addict is the latest illustration of what is wrong with Ottawa’s stiffen-the-rod approach to crime fighting.

Douglas McPherson has been a nuisance in Victoria for most of his adult life — 20-odd convictions for robbery, breaking and entering, and other property-related crimes.

Yet despite his lengthy record of recidivism, the B.C. Court of Appeal recently refused a Crown request to substantially increase his prison sentence for bank robbery.

“This is a case involving no violence, except for an implied threat that accompanied the demand for money,” Justice Elizabeth Bennett said. “The sentence of 3.5 years, along with three years of supervised probation, is within the range of sentence for this offence in these circumstances, and takes into account his long criminal history.”

McPherson is typical of the revolving-door offenders who commit a great portion of our crimes, cause most of the public disorder, and drive up policing and corrections costs because of their addictions and mental health problems.

Like many addicts, he has not committed crimes of overt violence or weapons offences — he steals to feed a heroin habit that could be legally supplied for pennies.

Instead of being supervised by social workers and treated by public health nurses, he has been incarcerated for tens-of-thousands more in tax costs for 22 of the past 25 years!

It has done nothing except institutionalize him.

In this instance, on Dec. 23, 2011, at 3 p.m., McPherson walked into a Victoria Bank of Montreal branch — one he had robbed before — and waited for a teller.

Police had been tipped off (probably by McPherson himself), were following him, and watched as he told the teller: “Don’t close your drawer, and give me all your money.”

His idea of a getaway was to stroll across the street and bum a cigarette.

McPherson was immediately arrested and explained he wanted to go back to jail.

After 18 months in pre-trial custody, he pleaded guilty last summer and was sentenced to a further two years less a day imprisonment followed by three years probation.

In line with the dominant law-and-order mood, the Crown argued on appeal that the judge failed to give sufficient weight to the protection of the public and/or the principles of deterrence and denunciation.

Basically, the prosecutors said McPherson should get more time for this robbery than the last one — five years at least, in addition to the 18 months served.

The appeal panel disagreed.

“The notion that sentences must be incrementally increased with each offence is not a principle of sentencing,” Bennett noted with the support of Justices Daphne Smith and Peter Willcock.

“The Crown says that Mr. McPherson has a long history of robbery, which is undeniable. However, Mr. McPherson’s most recent offence, albeit serious, is at the lower end of moral culpability; an ill-conceived plan to hasten his return to prison. The police had him under observation at all times, and indeed, could probably have prevented the robbery from occurring. He committed the offence so he could return to prison because he was not able to function in the community.”

The legal system isn’t good at dealing with issues that are really public health problems, and the ascendant dogmatic view of sentencing flies in the face of that reality.

Most of these people need treatment, housing and community support, not a jail cell. And it’s a lot less expensive.

McPherson was imprisoned for five years on Nov. 14, 2006, after his first shakedown of the Douglas Street branch.

In 2011, he was released without money, a home or ability to cope in the community — he had been out for exactly 38 days when he performed his return robbery act.

The Vancouver Island Regional Correctional Centre was happy to see him back.

A guard sent a letter to the court saying McPherson is “a painter/stainer and will do most anything that is requested of him. … (He) is a team player and easily gets along with Corrections Staff in the shops as well as those temporary staff that fill in from time to time.”

McPherson told the court he wants to develop the skills and support necessary to make the transition from prison to the community and live a crime-free lifestyle.

That obviously affected B.C. Supreme Court Justice Jacqueline Dorgan, who sentenced him saying: “His description of his crimes, his lifestyle and his abilities to eventually integrate into society and to live a lawful life once out of jail are important to me.”

But how realistic is that goal?

McPherson will be nudging 60 when he gets out — rehabilitated? What does that mean in a case like this? That he’ll be too old to run from the police?

Who is going to hire a long-term drug addict and thief of pensionable age? How do you “rehabilitate” him — get him a greeter’s job at Costco?

Like the rest of the chronic prison population, McPherson will most likely need social support until he dies.

We can provide that without bars and guards, for far less money, if we change our approach. Or we can continue to let him and this cohort clog up our courts, fill our jails and drain the treasury.

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